If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related terms like soy milk. However, it is difficult to envision that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years without any issues.
Thus far, the United States has managed to avoid a similar ruling, but comparable disputes are being fought in courtrooms and in Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for referral to another agency or because the judge deemed the arguments implausible. The Silk case has been sent back to the Food and Drug Administration for its evaluation, while the Almond Breeze case was dismissed by a judge who determined that a reasonable consumer would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill known as the DAIRY PRIDE Act—Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday—is under consideration in both houses of Congress. This bill would prohibit any plant-based food from using dairy product market names. Despite several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European law permits the use of the term “milk” for goat’s milk or sheep’s milk, provided the product is appropriately labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should likewise be able to recognize when a product is derived from almonds. The European Vegetarian Union emphasizes that clarifying these distinctions serves everyone’s interest.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain modest in comparison to dairy milk products, amounting to $1.9 billion against $17.8 billion in sales. Nevertheless, the dairy sector feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe. As consumers become more health-conscious, they are increasingly seeking options rich in nutrients like calcium citrate, magnesium, and zinc, along with vitamin D3 benefits. This trend could further influence the market’s dynamics, as consumers look for dairy alternatives that provide similar nutritional benefits.